In further support of its position that the 2007 agreement constitutes a substitute contract, National Surety cites the integration clause contained therein which provides: “[t]he Parties do hereby acknowledge and agree that this Agreement constitutes their entire understanding with respect to the matters herein set forth.” (E. 890; Appellant’s Brief at p. 10) This argument is easily dispensed with because the scope of the integration clause is limited “with respect to the matters herein set forth.” In this case, the “matters herein set forth” relate only to the payment dispute that arose toward the completion of the project.
Not only is the integration clause in the 2007 agreement clearly not broad enough to nullify the AIA Contract, it…show more content… (Appellant’s Brief at 12, 15 (quoting Leisner, 252 Md. at 555 (“There does not have to be an expressed intention to substitute the new agreement for the previous contract.”)). Not only does this conclusion belie the terms of the 2007 agreement that expressly incorporate the AIA Contract, but this conclusion defies common sense. The parties do not dispute that the 2007 agreement arose out of a payment dispute between WCS and Metropolitan. The bargain reached in that agreement was a compromised sum of payment to WCS in exchange for the release of WCS’s claims for payment. Neither the text of the 2007 agreement nor the circumstances of that transaction evince any reason why the parties would have agreed to revive National Surety’s subrogation rights, as those rights had nothing to do with the subject of the 2007 settlement agreement. Stated differently, the consideration exchanged in the 2007 agreement indicates that the Waivers did not come within the scope of that agreement.
The truism that the 2007 agreement is not a substitute contract is further demonstrated by the fact that counsel for National Surety expressly conceded to the Circuit Court that the 2007 agreement was intended to discharge fewer than all the rights and obligations of the AIA Contract.
[NATIONAL SUREY]: They want to put the relationship to bed, binding, and ignore the old agreement in replacement for the rights and obligations under this agreement.
THE COURT: With some
agreements and understandings between Charter, Lamonea, and Oliva.
11. Severability The provisions of this Agreement are severable, and if any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect.
12. Governing Law. This Agreement will in all material respects be interpreted, enforced
Buyer exclusive rights as more particularly set forth herein to negotiate the Transaction and to conduct its due diligence investigation of Seller during the Exclusivity Period (as hereinafter defined).
Drafting Note to Alternate to Second Recital
If Buyer
K e llo g g Co m pa n y
2009 annual report
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Army Regulation 735–5
Property Accountability
Policies and
Procedures for
Property
Accountability
Headquarters
Department of the Army
Washington, DC
28 February 2005
UNCLASSIFIED
SUMMARY of CHANGE
AR 735–5
Policies and Procedures for Property Accountability
This revision, dated 28 February 2005 --
o Changes the Deputy Chief of Staff for Logistics (DCSLOG) to Deputy Chief of
Staff, G-4 (DCS, G-4) (throughout).
o Revises DA Form 1659, Reports of Survey to Financial Liability Investigations
What’s So Bad About Plastic Bags?
Plastic bags are not biodegradable. They clog waterways, spoil the landscape, and end up in landfills where they may take 1,000 years or more to break down into ever smaller particles that continue to pollute the soil and water.
Plastic bags also pose a serious danger to birds and marine mammals that often mistake them for food. Thousands die each year after swallowing or choking on discarded plastic bags.
Finally, producing plastic bags requires millions
KRAFT FOODS INC (KFT)
10-K
Annual report pursuant to section 13 and 15(d) Filed on 02/28/2011 Filed Period 12/31/2010
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 (Mark one) FORM 10-K [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2010 OR [ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 COMMISSION FILE NUMBER 1-16483
Kraft Foods Inc. (Exact
Management
Course: MBA−10 General Management
California College for Health Sciences MBA Program
McGraw-Hill/Irwin
abc
McGraw−Hill Primis ISBN: 0−390−58539−4 Text: Effective Behavior in Organizations, Seventh Edition Cohen Harvard Business Review Finance Articles The Power of Management Capital Feigenbaum−Feigenbaum
International Management, Sixth Edition Hodgetts−Luthans−Doh Contemporary Management, Fourth Edition Jones−George Driving Shareholder Value Morin−Jarrell
Leadership
SECURITY GUIDANCE FOR CRITICAL AREAS OF FOCUS IN CLOUD COMPUTING V3.0
SECURITY GUIDANCE FOR CRITICAL AREAS OF FOCUS IN CLOUD COMPUTING V3.0
INTRODUCTION
The guidance provided herein is the third version of the Cloud Security Alliance document, “Security Guidance for Critical Areas of Focus in Cloud Computing,” which was originally released in April 2009. The permanent archive locations for these documents are: http://www.cloudsecurityalliance.org/guidance/csaguide.v3.0.pdf (this document)
A Knowledge-Based Analysis and Modelling of Dell’s Supply Chain Strategies
Areti Manataki
Master of Science Artificial Intelligence School of Informatics University of Edinburgh 2007
Abstract
Supply Chain Management is becoming more and more important for the success of today’s business world. Dell has realized this trend from its very first steps and has become one of the most successful PC companies in the world by putting emphasis on its supply chain, orchestrating its build-to-order
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The Boeing Company 2007 Annual Report
Leading the Way
Vision 2016: People working together as a global enterprise for aerospace leadership
The Boeing Company
Boeing is the world’s leading aerospace company and the largest manufacturer of commercial jetliners and military aircraft combined, providing products and tailored services to airlines and U.S. and allied armed forces around the world. Our capabilities include rotorcraft, electronic and defense